Tell Employer About Your Marijuana Card?

For many Oklahoma residents, the decision to use medical marijuana is a deeply personal one. Whether you’re managing chronic pain, anxiety, or another condition, medical marijuana can be a life-changing treatment option. But as beneficial as cannabis may be for your health, it can also raise concerns about how it might affect your job. If you’re one of the thousands of Oklahomans with a medical marijuana card, you may be wondering: Do I need to tell my employer about my medical marijuana card?

This is a complex question, and the answer depends on several factors, including your specific workplace, the nature of your job, and Oklahoma’s medical marijuana laws. In this article, we will explore the legal landscape surrounding medical marijuana and employment in Oklahoma, your rights as a patient, and some practical advice for how to navigate this sensitive issue with your employer.

Medical Marijuana Laws in Oklahoma: What You Need to Know

Oklahoma’s medical marijuana program was established in 2018 with the passage of State Question 788. This law allows residents with qualifying medical conditions to obtain a medical marijuana card, enabling them to legally purchase and use cannabis for medicinal purposes. Conditions like chronic pain, anxiety, insomnia, and cancer are some of the qualifying health issues that allow individuals to participate in the program.

While this law has made medical marijuana accessible to many, it doesn’t necessarily protect an individual’s right to use cannabis in the workplace. Employment law in Oklahoma, as in many other states, is still catching up with the rapid changes in marijuana legislation. Here’s what you need to know:

1. Protections Under the Law

Under Oklahoma law, employers cannot discriminate against employees or applicants solely because they have a medical marijuana card. This means that employers are not allowed to fire or refuse to hire someone just because they are a registered medical marijuana patient. However, this protection has limits, especially if your job involves safety-sensitive tasks, such as operating machinery or driving.

Additionally, Oklahoma law does not require employers to permit the use of marijuana at work or while an employee is on duty. Even if you have a medical marijuana card, your employer can still enforce a drug-free workplace policy and discipline or terminate you if you test positive for marijuana.

2. Drug Testing and Medical Marijuana

Many employers in Oklahoma have drug testing policies in place, whether for pre-employment screening, random testing, or post-incident testing. If you use medical marijuana, it’s important to understand that you may still test positive for THC (the active ingredient in cannabis), even if your use is legal under state law.

In Oklahoma, employers are generally allowed to test for marijuana use, but they cannot take adverse action against you for testing positive unless:

• You were using or under the influence of marijuana during work hours.
• Your job is classified as “safety-sensitive,” which includes roles like operating heavy machinery, driving, or working with hazardous materials.

Safety-sensitive positions are held to a higher standard because of the potential risks involved. If you work in one of these roles, your employer may be able to take disciplinary action if you test positive for marijuana, even if you’re using it outside of work hours and have a valid medical marijuana card.

Should You Tell Your Employer About Your Marijuana Card?

Deciding whether to tell your employer about your medical marijuana card is a personal decision. There is no legal requirement in Oklahoma to disclose your medical marijuana status to your employer unless it directly impacts your job performance or you work in a safety-sensitive position. Here are some factors to consider when making this decision:

1. Consider Your Job Type

If you work in a safety-sensitive position, such as transportation, construction, or healthcare, your employer may have stricter policies regarding marijuana use. In these cases, it may be wise to discuss your medical marijuana use with your employer to avoid any potential misunderstandings or violations of company policy.

On the other hand, if you work in an office or another position that is not safety-sensitive, you may choose not to disclose your medical marijuana use unless it becomes necessary. Keep in mind that Oklahoma law protects you from discrimination based on your status as a medical marijuana patient, but your employer can still enforce a drug-free workplace policy.

2. Review Your Employer’s Policies

Before making any decisions, it’s important to review your employer’s policies on drug use and testing. Many companies have drug-free workplace policies that prohibit the use of marijuana, even for medical purposes. If your employer has such a policy, you may need to weigh the risks of disclosing your marijuana use versus keeping it private.

Additionally, some companies may have more lenient policies regarding medical marijuana, especially if they are located in states like Oklahoma where cannabis use is legal for medical purposes. In these cases, having an open conversation with your employer may help you clarify any concerns and ensure that you’re in compliance with company policy.

3. Weigh the Risks and Benefits

There are pros and cons to disclosing your medical marijuana use to your employer. On the one hand, being open about your medical marijuana use can foster trust and transparency with your employer, especially if your use is for a legitimate medical purpose and doesn’t affect your job performance. On the other hand, disclosing your marijuana use could lead to increased scrutiny, drug testing, or even disciplinary action, depending on your employer’s policies.

Ultimately, the decision to disclose your medical marijuana use is a personal one and should be based on your specific circumstances, including your job type, your employer’s policies, and your level of comfort with the potential risks.

Real-Life Example: Sarah’s Story

Sarah, a 34-year-old marketing professional from Oklahoma City, suffers from chronic pain due to fibromyalgia. After trying various treatments, Sarah decided to apply for a medical marijuana card to help manage her symptoms. She received her card through Oklahoma Cannabis Card, which offers medical marijuana cards for $129, with renewals every two years for $99.

Although Sarah’s job doesn’t involve any safety-sensitive tasks, her employer has a strict drug-free workplace policy that includes regular drug testing. Sarah was unsure whether she should disclose her medical marijuana use to her employer, as she didn’t want to risk losing her job. After reviewing her company’s policies and consulting with a lawyer, Sarah decided to have an open conversation with her employer about her medical marijuana card.

Thankfully, Sarah’s employer was understanding and agreed to work with her to accommodate her medical needs. While Sarah still has to comply with the company’s drug testing policy, her employer has allowed her to use medical marijuana outside of work hours as long as it doesn’t affect her job performance.

Sarah’s story highlights the importance of understanding your rights and responsibilities as a medical marijuana patient in the workplace. While not every employer will be as accommodating, having an open and honest conversation can sometimes lead to a positive outcome.

Practical Tips for Navigating Medical Marijuana and Employment

If you’re a medical marijuana patient in Oklahoma and you’re concerned about how it might affect your job, here are some practical tips to help you navigate this sensitive issue:

1. Understand Your Legal Rights

Oklahoma law protects medical marijuana patients from discrimination, but it doesn’t guarantee job protection if you violate workplace drug policies. Be aware of your rights as a patient, but also understand that your employer may still enforce a drug-free workplace policy.

2. Review Your Employer’s Drug Policies

Before disclosing your medical marijuana use to your employer, review your company’s drug policies. Understanding the rules and potential consequences can help you make an informed decision about whether to disclose your marijuana use.

3. Consider Seeking Legal Advice

If you’re unsure about how your medical marijuana use might impact your job, consider consulting with an employment lawyer who specializes in medical marijuana law. They can help you understand your rights and provide guidance on how to approach the situation with your employer.

4. Be Honest and Transparent

If you decide to disclose your medical marijuana use to your employer, be honest and transparent about your condition and how cannabis helps manage your symptoms. This can help build trust and ensure that both you and your employer are on the same page.

5. Use Cannabis Responsibly

Even if your employer is accommodating of your medical marijuana use, it’s important to use cannabis responsibly. Avoid using marijuana during work hours or in a way that could impair your job performance. By using cannabis responsibly, you can reduce the risk of any issues with your employer.

Conclusion: Balancing Medical Marijuana and Employment

Deciding whether to tell your employer about your medical marijuana card is a personal decision that depends on your specific circumstances. While Oklahoma law protects medical marijuana patients from discrimination, it does not guarantee that you can use cannabis in the workplace or avoid drug testing.

By understanding your rights, reviewing your employer’s policies, and being honest about your medical needs, you can navigate this issue with confidence. And if you’re unsure about how to proceed, consider seeking legal advice to help you make the best decision for your situation.

This article is for Oklahoma Cannabis Card, which provides an Oklahoma Medical Marijuana Card for $129, with renewals every two years for $99.